>> great point. steve, thank you. and thank you for being with us. we will see you again tomorrow night. good night from washington. the o'reilly factor is on. tonight. >> a young man 18 years old shot down in the street unarmed and rather than you address it, you try to smear the young man. >> there is a war on black boys in this country. in my opinion, there is a war on african-american men. >> the racial agitators have their day in missouri. now, we will tell you the truth about the ferguson police shooting. fasten your seat belts. >> when we were initially captured, struck several times with the butt of an ak 47, punched, very young soldiers, very aggressive. >> that was james foley speaking on the factor after he was captured by qaddafi forces in libya back in 2011. now mr. foley is dead.

beheaded by isis terrorists. we will have the inside story with bernie goldberg. also ahead tonight, we will take you live to ferguson for the latest on the michael brown story. are things calm or dangerous? we will find out. caution, you are about to enter the no spin zone, the factor begins right now. crts >> hi, i'm bill o'reilly. thanks for watching us tonight. the truth about ferguson. that is the subject of this evening's talking points memo. i came back from vacation because i am furious. furious about how the shooting death of 18-year-old mike wall brown is being reported and how various people are reacting to it. so let's run it down. mr. brown is a victim, shot six times by ferguson police officer darren wilson who up until august 9th had a very good record. now, some suspect wilson of

murder and a grand jury is hearing the case. also, attorney general eric holder went to ferguson missouri today to meet with fbi agents and state authorities who are conducting separate investigations. good. the feds should look into this case. and their investigation should be transparent. that is americans should get hard information as it comes out. which brings us to this video of mr. brown stealing from a convenience store and pushing the clerk around. agitators call the release of the video a smear against michael brown and his family. further inflaming the situation. but facts are not smears. and this goes to mr. brown's state of mind on the day he was killed. americans have a right to know what happened leading up to the shooting. you don't suppress an important piece of information in a case like this when only one side of the story is being reported by the media. which is generally terrified of any racial situation.

then there is the looting, disgraceful. and one guy, even has a gun, all right? shoots the lock off the door while his cohorts break in, and steal the merchandise. it doesn't get any lower than this. the people rioting and looting in ferguson are dishonoring the memory of michael brown and his grieving family. he they are insulting them. again, fat out disgraceful. the factor has been investigating those arrested. on monday night, 78 people were taken into custody and we believe about 30 of them have criminal records. only four, four out of the 78 are from ferguson. many of the others are trouble makers who just streamed into town. but the liberal media will never report that. nor will they report the true picture of criminal justice in the u.s.a.

instead, nbc news pays al sharpton to deliver garbage like this. >> a young man 18 years old shot down in the streets unarmed and rather than you address it, you tried to smear the young man, rather than uphold the principles of justice and dignity. i want you to know these parents are not going to cry alone. they're not going to stand alone. they're not going to fight alone. we have had enough. >> enough of what, al? enough of what? police efficiency? in 2012, the last stats available from the fbi there were about 12 million arrests in the u.s.a. that averages out to 34,000 arrests per day.

in 99.9% of those cases, the perpetrator was not killed by police. in fact, just over 400 fatal police shootings a year are recorded in this country, according to the fbi. so let me restate, 12 million arrests a year, 400 fatal shootings, many of them justified. and al sharpton has the nerve to insult the american police community, men and women risking their lives to protect us. this charlotteton has the gull to do that and nbc news is paying him. my god! why is that acceptable? also on msnbc.

>> absolutely deplorable situation that the united states greatest country on earth sits back and allows black boys being murdered in the context of ferguson. are you kidding me? the truth is that 91% of black homicide victims are killed by other blacks, 91%. yet, that woman tries to mislead folks by accusing american law enforcement of shooting down young black men in the streets. it's beyond what is going on in this story is beyond belief. if these people get away with it and in certain places they are even respected. incredibly al sharpton is going to speak at the funeral of michael brown on monday morning. the slogan the racial agitators using in ferguson is hands up, don't shoot. they apparently believe that michael brown was trying to surrender when officer wilson shot him dead.

maybe that's true. we'll find out. but msnbc put a person on the air who said mr. brown was shot in the back. that turns out to be false, according to an autopsy. we also hear today that officer wilson has an orbital blow out fracture of his eye socket. the factor has not been able to confirm that, and we do not want to try this case on television. we're only reporting the alleged injury to demonstrate that there will be much more to come in this case. that is why there is an investigation, and a grand jury and a trial process. but to the race hustlers officer wilson is already guilty. they have convicted him. there slogan is no justice, no peace. i guess that's lynch mob justice. because if those people will never accept anything other than a conviction of murder in this case. they don't really care what

happened. they want officer wilson punished. and he should be punished if he murdered michael brown. if a jury finds wilson guilty. he should be put in prison for the rest of his life. but officer wilson is entitled to the presumption of innocence that we all have under our constitution. something al sharpton will never give him because sharpton only cares about his own self-aggrandizement. and if he has to stoke racial hatred to get that that's what sharpton will do. i know this man. his record defines him. yet he has succeeded in bringing his brand of racial grievance to the white house. when president obama announced his brother's keeper's initiative i was there. sharpton was there. finally, the president himself. he was completely correct to call for calm in missouri. that is his job, to lead the

nation. but now the president should step aside and allow his own justice department headed by eric holder, certainly sympathetic to michael brown to uncover the facts. as you saw with the o.j. simpson acquittal, our justice system can be very flawed, but it's all we have. it's the only thing separating us from the anarchy that al sharpton and others want to impose. what happened to michael brown should never happen to any american. what happened after his death should never happen in this country. but it is happening. and only the truth will overcome the chaos. and that's the memo. next on the rundown, we have reaction from charles krauthammer, bob beckel, james carville, bernie goldberg. factor is coming right back. [chanting] hands um, don't shoot. your eyes. even 10 miles away.

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just gave you the facts. >> i heard the facts. but you don't live in the ghetto like they do. not pulled off and stopped.

>> aren't you being a little condescending saying people in the ghetto can't discriminate enough between facts and emotion? i think that's condescending. i don't believe that i think what they are hearing from the media is distorting their reality. that's my opinion. carville. you go. >> first of all, i want to make a distinction. the criminals, they should be in jail. they have no business being there people also have a are right to exercise the protests, engage in free speech or anything else. >> what if they are protesting something that isn't true? see, look. if beckel is right and the pew research -- wait, carville. if beckel research is right and most african-americans feel the officer murdered mr. brown, okay? they are basing that solely on emotion. not facts. there has never been another police shooting in ferguson ever. all right? this isn't tombstone arizona, okay? >> they are living in a world real research likely

to be stopped by police. >> those are the facts. >> they feel -- i mean. >> i think that's condescending because african-americans are more likely to be stopped they are going to convict a cop they don't know nothing about the case. >> they don't have the jury system, the criminal justice system is going to do that people jump to conclusions they have a right to that. >> they have a right to jump to conclusions and deny the officer of presumption of innocence? >> on the jury they don't they can say they have the right to say i think he is guilty. just don't have a right to be on the jury. >> go ahead. >> in that town, 67% of them are black. 93% of the stops in cars are black people. two times more likely to get frisked by cops. three times more likely to have their cars ran over by cops. so you might have a presumption but you don't live in the ghetto. you wouldn't understand. i was up in the bronx, i understand what their feeling is they get harassed by a lot of police. >> both of you are saying that an individual

african-american, let's take individuals now have. a right to distort because they feel the justice system is against them. >> in your mind. >> wait, wait, wait. what facts did they give? >> their facts are are that they have been harassed by the police department sole therefore, officer wilson is guilty? >> they haven't reached the conclusion that officer wilson is guilty. >> that's what they said in the pew poll. >> where was the factor when they had two town meetings when post of the people in that town went in peacefully and did something nibble cover that? >> i was on vacation. >> any american has the right to start any fact that they want to. you can say anything you in the this country. >> and that's right. we are supposed to applaud that? are we supposed to applaud that? >> in their mind, an unarmed guy was shot six times. >> in their mind. >> in my mind, too. we want to know the truth

about this. >> how. >> waited, wait, wait. aren't you guys basically giving people an excuse to be unfair? >> you can't suppress people's first amendment right to express their. >> express their first amendment right. >> you said they don't have a right. >> don't have a right to make these decisions. >> of course they do. they don't have a right to say someone is guilty when they don't know the facts they e right to do that you may not be the right thing to do but they have the right to do it. >> >> that's exactly right. you go to the place where you get beat up by cops all the time you might reach that conclusion. >> wait, wait, wait. >> go ahead. you just besmirched every law enforcement. >> did i not. >> if you live in a place where cops -- ferguson. >> my god. >> ferguson. >> do you understand that? ferguson. that's where the cards get -- they get pulled out of a car by white cops. you wonder they might have some sense that this guy was

murdered? >> it's really beyond belief what you are saying. you are are smearing. >> you wouldn't have a clue of. >> it i know i'm an idiot and you are a genius. all right, carville, look. people do not have a right to deny fellow americans the presumption of innocence. they don't have that right because the constitution dictates that we get that. >> there is a legal process that goes on. people have a right to comment on it. they have a right to. >> there is a right and a wrong, carville. >> no, having a right. this show is coming out for suppression of first amendment rights. i don't think you want to be there. >> you want if demonstrated peacefully, i have no beef with you, none. >> again, if people want to say obama was born in kenya, they have the right to say. that it's idiotic, it's wrong. but they have a right to say it. >> wait a minute, carville, i want to get you on it are you saying right now what you have seen over the past five or six days has been idiotic? >> i have seen at love things. >> generally idiotic. >> no, it's not generally idiotic. >> i think it warrants. >> last thing for beckel.

racial agitators. are you okay with them? >> absolutely not. i think they should be. al sharpton has at least four or five times a year to keep his profile up. >> do you like sharpton? do you respect him? >> no, i do not. >> i'm ending on that. you beat him up one time, didn't you? >> we had a confrontation. >> so beckel beat him up. >> no, i didn't beat him up. >> were you a police officer at the time? all right. there is beckel. directly ahead had, charles krauthammer on why americans put up with so much false information about race. later, goldberg on the awful execution of an american journalist by muslim terrorists. those reports after these mess sabletion. messages.

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as we told you in the talking points memo, the facts show he that american law enforcement is extremely competent and even restrained in using force. again, 99.9% of all arrests do not involve fatalities of any kind. joining us now from washington, fox news political analyst charles krauthammer. so what i don't understand and what i want you to explain to me, man to man, is why americans aren't angrier about people who exploit racial division. the agitators get away with it and are even rewarded. why don't americans rise up against that? let me just start by saying i was enjoying that previous statement. i really hate to break up the night as they say in congress i would be willing to yield the remainder of my time so you can catch up on that if you want me to give my opinion i will tell you that americans do not like the racial hustlers, they don't like the expresumption of --

exploitation. that doesn't mean americans aren't appalled. here is the central fact of this event. we do not know what happened on that day. we simply don't know. we don't know -- we haven't heard from the officer. we haven't seen witnesses on the stand who can be cross-examined. everybody is jumping to conclusions and he i would include, in that, the governor of the state of missouri. jay nixon who said in a statement, that what did he say? >> he should be prosecuted. >> a vigorous prosecution must now be -- must now be pursued. what is he implying here? that a prosecution has to be pursued e he must be saying a vigorous investigation must be pursued. to talk about prosecution presumes that there is a crime that has already been committed. this is not the way a governor ought to be speaking. >> but carville and bickel will tell you that

african-americans, maybe perhaps other minorities, because they have been treated shabbily by history and currently it's much harder as i have said to be a black american than a white american, they have a right to deny presumption of innocence. they have a a right to demand that the officer be convicted in the streets. i don't believe that i don't think you believe it imnodes pa thinking. of course not. that's the reason we have a grand jury. the problem is we have not only in that community, but you have in the media, a presumption of guilt on the part of this officer, long before the evidence has come in. and that's what i think is deplorable. and there are people and i think you are absolutely right.

whose careers are founded on and flourish in the stoking of these prejudices, these presumptions, and these antagonism that's how they thrive. but i do not think the majority of americans like that or appreciate it. >> i hope you are right. i think you are right and i hope you are right. we just showed jesse jackson there. jackson has pulled back from this a little bit. i just want to point this out to everybody. one of the bat things about this story is the reporting on it which is pandering. charlatans or other zealots. they are terrified. they have intimidated the media. >> how many in the media will remind you that al sharpton was the man in the tijuana brally story. >> a lot of people will say

that on the left. >> of course, but do you hear it in the media when he is portrayed as the great peacemaker here or the great or tor or the man who gives the eulogy? here is a man who participated in a blatant hoax, framed a white man for the the alleged rape of a a young girl. everybody knew, surely sharpton knew this was a hoax from the beginning. he played it out for weeks. he went, he said sue me. he went to court. he was found guilty of this case. >> and he had to pay. >> he had to pay. he never did. >> what does it say when the national broadcasting corporation's news division gives that man his own program and pays him while he goes to ferguson to incite whatever happens there? what does it say. >> "special report" crushes him.

the demagoguery is kind of small. i don't know how smart of an economic decision it is. i will say it is rather appalling that a man -- it isn't even nbc. it isn't even nbc. this man was a presidential candidate. this man was treated as if he was at the of other major democratic leaders after the history he has had in the brally affair and several others, one of which ended in the deaths of somebody in the fire in a store in harlem. >> yeah, well, i was willing to forgive sharpton all of that all right, if he had learned his lesson, but he obviously has not. charles krauthammer, everyone, plenty more ahead as the factor moves along this evening. we will take you live to ferguson, missouri, and check in on the situation there tonight. is it calm or will it erupt again? bernie goldberg on why some on the left and the right too not want to destroy muslim terrorists who will kill americans. hope you stay tuned to those reports.

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perm story segment tonight, as mentioned al sharpton will be speaking at the funeral of michael brown held monday in missouri. before he gets there, sharpton will be leading antipolice rally here in new york city on saturday. lynch patrick of the. >> eric gardner, african-american man killed by police, after a struggle

it was low level beef. it was similar to ferguson in the sense that the grievance industry led by sharpton is trying to sell that all the cops in new york city are out to get black men. do i have it about right? >> that's exactly what he is trying to sell. trying to take this rally and take this tragedy to build his own, he is marketing himself. is he taking a tragedy and trying to raise his profile as he always does. but what he is also trying to do is take due process away from new york city police officer that's accused in this case. all we are saying is base all decisions on the facts, not the emotion on the street. >> same thing we are doing in ferguson. now there is a a grand jury investigating. and if mr. gardner was unnecessarily killed he was up necessarily killed you don't want a citizen killed by of a cigarette beef.

that's not what the grievance industry sells. >> that's exactly what they don't sell. what you should be selling is let's base it on the facts. in this case you had the community complaining, this is an issue that they don't want, dealing drugs, selling cigarettes, prostitution on the corner. they call and we respond to it then we have someone that says i'm not going to taken. resisting arrest. i won't be placed under arrest. >> i don't want to try this and i do believe that the african-american community everywhere deserves leadership. but there is a difference between responsible leadership and vigilantism. >> al sharpton is not a leader. his character speaks to all the different times he has lied, the different things he has done. what he tried to do is stir the emotion on the streets. >> then why do so many african-americans follow them? why is he speaking at the funeral in missouri and why is he leading this demonstration across the bridge where thousands of people will follow him? >> because many of the media raise his profile. many politicians raise his

profile. we had the mayor of the city of new york put him on the same i do as. he should say this case is based on the facts, nothing more, nothing less. >> de blasio, the mayor of new york city you say is afraid of al sharpton. >> if he he puts him on the same level as the elected mayor, what other reason could there be? so he could stir the streets. >> al sharpton is skinny, is he not strong. why would de blasio 6'4" be afraid of him. >> if you watch some of the networks you would think he is king of the world. take a step back a and look at his. >> i it's the media empowering sharpton and the politicians are are afraid of it because of that. >> absolutely. what they should say is we have a job to do. you will not get in the way. new york city police officer and police officers across the country are the people that protect the rights of everyone. no matter what they look like. >> there are some racist cops, right? >> there are some racist

everyone. police are out there protecting the citizens of this country. the poorer you are, the more you need the police to protect them from the hoodlums standing on your corners. >> thank you, mr. lynch. when we come right back, bernie goldberg on the revolting execution of an american journalist by a terrorist.

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are of paragraph thanks for staying with us, i'm bill o'reilly in the weekdays with bernie seeing many tonight. back in 2011, i interviewed james foley who was kidnapped by pro-qaddafi forces in libya and held captive for weeks. mr. foley survived that and then went on to cover the war in syria where again he was captured this time by the isis terror army. this week, he was beheaded on camera by those savages, his family is devastated. >> jim could feel the prayers, he was strong, courageous, loving to the end. i mean, we just hardly recognize our little boy. i mean, he was just a hero. >> know from the video that his last words were i wish i could see my family. >> no question the u.s.a. should do everything in his power to destroy these isis

criminals, but there are some who resist doing that the "new york times" does not even want to call them terrorists. instead they use the words sunni militants, unbelievable. joining us now from north carolina, purveyor of bernard goldberg.com. mr. goldberg. sunni militants, bernie, what do you think about that? >> you know, i think, bill, that many liberals, not all but many, including many in the media have a problem with the whole concept of evil maybe it's because the word has religious connotations, maybe because it's judgmental and liberals don't like being judgmental. they have no problem calling conservatives evil or polluters evil or even the cops in ferguson are evil. generally speaking, they don't like dealing with concept of evil. this isn't some crazy theory i came up with.

outrage. i remember liberals at the "new york times" were in a frenzy over it. threw dissidents in jail. >> weak. >> it's too weak. i think even the word terrorist, unless you add a few adjectives to it doesn't describe the savagery of these people. hard news journalists can't call them in their news stories evil or beasts or savages or barbarians, i grant you that we need to come up with a new word. i'm serious about this. we need to come up with a new word, a word that more accurately describes thee savages than militants. >> they are nazis. that's the word. that's what they're. they are nazis, and that's what they do. >> you know what? let me say this, bill.

when in the 1940s the media referred to them as nazis, everybody in america knew what that meant. >> that's right. >> that's right. unless you call them something like nazis. >> have to call them nazi muslims or whatever. all right. now i want to ask you about youtube. youtube posted this beheading and then they took it down. they kept it up long enough so everybody could see it. that's a disgrace. what's the hell wrong with youtube. nobody should ever, ever post anything like that. >> yeah. i don't know the mechanics of youtube. i don't call these things mississippis the way you do. but i'm not much more sophisticated about these things. they shouldn't go up in the first place. but they should be pulled down as soon as possible. i don't know if you youtube pulled it down as soon as they knew about it or how that works. >> they let it go way too long. there are people who can can

regulate that kind of stuff. i just want to make the point that no one. >> this is a p.r. machine for them. >> that's right. >> for the terrorists for the nazis. >> right, right. okay. now, i want to make one more point and then we will get on to ferguson. there are those on the right who don't want to confront isis as well. i mean, senator rand paul very, you know, all over the place. other people, libertarian oh, no, let them do, we shouldn't get involved in all of this. so i do want to be fair. it's not just on the left but we have got to kill all of these people, okay? i want everybody to get that left wing web site read my lips. right now, the united states has to kill awful of the isis people. not murder them, kill them as the pope, all right? as the pope says has to be done because, you know why? they are nazis, all right. let's get to ferguson. 7 and a half point talking points memo. your assessment? >> first, let me state the obvious, i don't know what happened between the cop and the kid and neither does anybody watching us tonight.

you and i have covered enough hard news to know that cops crossed the line and there were certainly times when 18-year-old kids are more than willing to start trouble. let's not jump to conclusions. here is what i do know for sure that if the cop who shot that 18-year-old black kid, if the cop who did the shooting were black, there would be no national media in ferguson. there would be no live shots every 10 minutes. there would be no civil rights establishment fergusonson. there would be no al sharpton in ferguson. there would be no nothing in ferguson. because, the civil reality establishment and white liberals look the other way when black people kill black people. if george zimmerman were black, we wouldn't even know the name trayvon martin. the justice department and you alluded to this. the justice department says about 13% of america is

black. 49% of the homicides are committed by blacks and over 90% of the black people who are killed are killed by other black people. so, while i am not saying that all cops are angels and some cops do harbor racial animus, when it comes to crime, bill, when it comes to crime, it isn't bad cops that's plaguing black america. that's not the problem. it isn't bad cops. it's black people killing other black people. that's plaguing black america and the al sharpton. >> black people in the south side of chicago know that and are screaming for help. and mayor immanuel and the police chief don't know what to do. but the media inflames this story, bernie. as i said, the media is terrified, terrified, stand up to the racial agitators. last word. >> they are terrified. this is an important point. i will do it briefly. members of the african-american elite and many white liberals have

said that we don't put enough value on the lives of young black men. well, they certainly don't put enough value on it because if they did, they would be out yelling when black kids are killing black kids in places like chicago. but they are not. >> bernie goldberg, everyone. on deck, we will take you to ferguson, missouri. and show you what's going on there tonight. let's hope calm prevails. then an intense mail segment about the death of michael brown. we're coming right back. pain from your day can haunt you at night, don't let it. advil pm gives you the healing sleep you need, helping you fall asleep and stay asleep so your body can heal as you rest. advil pm. for a healing night's sleep.

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bill. take a look around, the street's pretty empty. little bit of a ghost town. not many people coming out, but it's not dark yet. if the evening's going to bring in anything, it's not yet. talking about the young people they either don't know that he's here or they don't care. >> they don't know who he is? >> reporter: well, they know who he is and not aware he showed up. don't think him being here is going to help their cause. >> we pointed out four from the other night were from ferguson. does that bother anybody that are coming into town that are causing trouble? >> reporter: yeah, it does. you hear a lot of people mentioning, bringing up the fact that these are outside agitator who is are injecting themselves into the crowd from the police on down to the people who live here in ferguson. there was one arrested last

night from ferguson. beyond that there was one guy who was arrested for the third time last night. he's from austin, texas. >> beckel and carville earlier in the program portrayed ferguson as a racial discriminatory place where blacks are treated terribly and have been for quite some time, so therefore they have a legitimate grievance beyond the michael brown shooting. you've been in town a few days, is that the perception of the people who live in ferguson, that their town is a corrupt racially divided place? >> reporter: well, you know, you have to keep in mind that most of my exposure is to the people who are showing up here. so they're active. they believe that or they wouldn't show up here in the first place. >> so they do believe it. some of the people that live there believe this town has treated them poorly? >> reporter: well, certainly the people who are out marching. they believe that michael brown

is just the lightning rod that got them out here. and the mistreatment in their opinion has been going on for a long time. >> now, it's a 40,000-plus town, right? ferguson is 40,000-plus? is that what it is in the area? >> reporter: with a small police force, too. a police force they say does not reflect the ethnic makeup of the community. >> and it doesn't. with about 40,000 people and you have a couple of hundred demonstrators, right? >> reporter: well, now you got about a couple hundred demonstrators. but there were times when this street was packed. now it's of course very light, if even a couple hundred. and you can't say they're all from ferguson. >> no, i know that. but i'm trying to put a percentage if ferguson were that bad how come 35,000 aren't out there. i don't know. i've never been to that town. i don't know what goes on in that town.k carville and beckel may have overstated it. anything happen today, mike, last question for you that struck in your mind that you

want to tell the folks tonight? >> reporter: there are a couple of things that got my attention. there was one police officer who pretty clearly got out of line last night. he was fired up. he pointed his gun at the crowd. had some curse words, said i'm goipg to kill you. they yanked him out of the force. in fact, he's on leave right now indefinitely. the other thing that got my attention is there was a demonstration down at the county justice center. well, one woman showed up there with signs, et cetera, supporting the police officer. well, the police had to pack her in the car and get her out of the way because for her own safety. >> black or white woman? >> reporter: white woman. >> white woman. all right. mike tobin, thanks for the fine job. we appreciate it. in a moment "the factor" viewers sound off about the situation in ferguson. the mail in a moment. s bill. his doubleheader day at the park starts with back pain... and a choice. take 4 advil in a day or just 2 aleve for all day relief.

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want to spend as much time as possible on the ferguson and isis stories. i will tell you the american documents sale on billoreilly.com will end soon. so if you want these replicas on parchment, you can frame them up. every home should have them. please go to the website. also quick update on bolder fresher show, 20 tickets remain for the cesar's palace vegas extravaganza. and see everybody in west virginia at the charleston municipal auditorium on february 24, philadelphia on february 25th. info on billoreilly.com. las vegas, stop giving so much coverage to ferguson. you're just encouraging the troublemakers with the footage. might want to read up on journalism, my job is to analyze the news. in case you're interested, this country is for many reasons. keystone cop was frustrating and demonstrating. lack of common sense is appalling. locals couldn't handle.

they couldn't understand how to present the information, control the crowds or articulate what was going on. the state of missouri did better, but it was still not handled well. dave so to, ft. worth, texas, bill, you're wrong defending the cops. no one should be shot by any cop unless that person poses a significant danger. i agree. that's what the justice system is supposed to determine in this. i said police officers deserve the same presumption of innocence that all americans constitutionally get. beef with that. and seaton, do i understand that michael brown was walking down the middle of the street? sounds like he was looking for trouble. so what, ann? police see that kind of behavior every day. it's their job to handle in an effective way. and a vast majority of them do. christine, maryland, bill, i completely agree with you that all americans should wait for the facts before assuming things. that's what fair-minded folks will do, chris. but not many people are fair-minded, thus the problem we

have. gary ri, robinson, illinois, o'reilly, do you seriously think that if officer wilson is found not to be at fault the demonstrators will be satisfied? of course i don't. grievances in the street is never going to accept anything other than guilt for officer wilson. sad but true. that's what i'm trying to get across here. that there's no excuse to be unfair. even if you yourself have been treated unfairly in the past. we acknowledge that. black americans have a tougher time, but this doesn't give you an excuse to be personally unfair. got to go by the facts. and that is it for us tonight. please check out the fox news factor website different from billoreilly.com. both websites have posted my talking points memo which i understand has already gone viral all over the world. so if you missed the beginning of the program, you might want to check that out. also spout off about "the factor," o'reilly @fox news.com. word of the day, do not be

picayune. ms. megyn is warming up in bullpen. i'm bill o'reilly. remember the spin stops here, we're definitely looking out for you. breaking tonight, new details in the michael brown shooting that may shine a whole new light on what happened in the moments before officer darren wilson opened fire. welcome to "the kelly file" everyone. i'm megyn kelly. a live look at ferguson, missouri, where attorney general eric holder has been meeting with michael brown's family tonight as well as with members of the community. telling them that he has assigned the federal government's most experienced agents and prosecutors to the investigation. more on that in a minute. tonight, as the sun sets on ferguson we are waiting to see if the community will respond with new protests, with peace or with violence as we have seen so many nights in a row. this comes as a well-placed source tells